HSE food manufacturing inspections target the causes of workplace ill-health

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Companies and people working in food manufacturing are being told they must pay closer attention to how they manage workplace health risks or face serious penalties.

The Health and Safety Executive’s (HSE) programme of proactive inspections will review health and safety standards in food manufacturing businesses across the country, and the sector is being warned that a programme of unannounced inspections will begin today (2nd January).

The inspections will focus on two of the main causes of ill-health in the sector which are currently occupational asthma from exposure to flour dust in bakeries, cake and biscuit manufacturers and grain mills and musculoskeletal disorders (MSDs) – predominantly lower back pain and upper limb disorders from manual handling activities and repetitive tasks across the sector.

The inspection visits come as HSE recently released its Manufacturing sector plan which prioritises the reduction of cases of occupational lung disease and MSDs.

Exposure to flour dust is the UK’s second most common cited cause of occupational asthma. MSDs are the most common type of work-related illness in food manufacturing with handling injuries, accounting for around 20% of reported employee injuries (RIDDOR). HSE insists that such ill-health can be prevented when organisations have proper risk control systems in place.

The inspections will ensure measures are being taken by those responsible to protect workers against health risks and HSE will not hesitate to use enforcement to bring about improvements.

HSE’s head of Manufacturing Sector John Rowe, said: “The food manufacturing sector is made up of over 300,000 workers and its health and safety record needs to improve. This inspection initiative will look to ensure effective management and control of targeted health risks.

HSE is calling on anyone working in the industry to take the time to refresh their knowledge of our advice and guidance, available for free on our website.

Food manufacturing companies should do the right thing by protecting workers’ health; everyone has the right to go home healthy from work.”

COSHH and bakers – key messages

Substances hazardous to health in baking include:

  • flour dust;
  • improver dusts containing enzymes etc;
  • dusts from protein-containing ingredients such as egg, soya;
  • spices, citrus oils and flavour concentrates;
  • cleaning and disinfectant products.

Dermatitis may result from some bakery tasks, and if hands are wet many times a day or for a lot of the time.

Control measures include:

  • careful working to avoid raising clouds of dust;
  • dust extraction;
  • vacuum or wet cleaning;
  • respirator for very dusty tasks;
  • skin checks.

Example: Flour dust

Flour dust can cause asthma when breathed in.

You must reduce exposure to flour dust as far below the WEL of 10 mg/m3 as is reasonably practicable. You normally need to use health surveillance (Check employees health for any adverse effects related to work. May involve checking skin for dermatitis or asking questions about breathing and may need to done by a doctor or nurse.)

Help in finding the right controls is on the Bakers and asthma website (http://www.hse.gov.uk/asthma/bakers.htm). Control information for flour dust appears in the following information sheets available from the COSHH essentials webpage: http://www.hse.gov.uk/coshh/essentials/direct-advice/baking.htm

Employees

Your employer provides equipment to protect your health, such as:

  • dust extraction;
  • personal protective equipment (eg respirator).

You have a duty to use these properly and co-operate with any monitoring and health surveillance.

For advice on preventing and managing musculoskeletal disorders, visit the HSE web page http://www.hse.gov.uk/msd/. Alternatively, contact us about any of the above-mentioned issues, on 07896 016380 or at fiona@eljay.co.uk, and we’ll be happy to help

Contains public sector information published by the Health and Safety Executive and licensed under the Open Government Licence

 

 

Vehicles at work and reversing – three companies fined in same week after two separate fatalities

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In the last week, a construction company and groundwork contractor, along with a farm and its owner, have been fined after two separate incidents involving fatalites resulting from being struck by reversing vehicles.

In the first case, the construction company and groundwork contractor failed to ensure the safe movement of pedestrians and vehicles on their site. In the second case, the farm and owner failed to ensure the vehicle was maintained. It was found to be in poor condition, with dirty and badly positioned mirrors, and dirty glass in the cab, resulting in compromised visibility.

Reversing vehicles

What’s the problem?

Nearly a quarter of all deaths involving vehicles at work occur during reversing. Many other reversing accidents do not result in injury but cause costly damage to vehicles, equipment and premises.

Most of these accidents can be avoided by taking simple precautions, such as those below.

Guidance

Remove the need for reversing altogether, by setting up one-way systems, for example drive-through loading and unloading positions. Where reversing is unavoidable, routes should be organised to minimise the need for reversing.

Ensure visiting drivers are familiar with the layout of the workplace, and with any site rules. Do drivers have to report to reception on arrival?

In locations where reversing cannot be avoided:

  • ‘Reversing areas’ should be planned out and clearly marked.
  • People who do not need to be in reversing areas should be kept well clear.
  • Consider employing a trained signaller (a banksman), both to keep the reversing area free of pedestrians and to guide drivers. Be aware: The use of signallers is not allowed in some industries due to the size of vehicles involved, and the difficulty that drivers have in seeing them.
  • A signaller:
  • Will need to use a clear, agreed system of signalling.
  • Will need to be visible to drivers at all times.
  • Will need to stand in a safe position, from which to guide the reversing vehicle without being in its way.
  • Should wear very visible clothing, such as reflective vests, and ensure that any signals are clearly seen.
  • If drivers lose sight of the signallers they should know to stop immediately.
  • Consider whether portable radios or similar communication systems would be helpful.

The following steps might help to reduce the risk of reversing accidents. The following are examples, but it is unlikely that any single measure will be enough to ensure safety:

Site layouts can be designed (or modified) to increase visibility for drivers and pedestrians, for example:

  • By increasing the area allowed for reversing.
  • By installing fixed mirrors in smaller areas.

Reducing the dangers caused by ‘blind-spots’:

  • Most vehicles already have external side-mounted and rear-view mirrors fitted. These need to be kept clean and in good repair.
  • Refractive lenses fitted to rear windows or closed-circuit television systems can be used to help drivers to see behind the vehicle.
  • If drivers cannot see behind the vehicle, they should leave their cab and check behind the vehicle before reversing.

Reversing alarms can be fitted:

  • These should be kept in working order.
  • Audible alarms should be loud and distinct enough that they do not become part of the background noise.
  • where an audible alarm might not stand out from the background noise, flashing warning lights can be used.

Other safety devices can be fitted to vehicles:

  • For example, a number of ‘sensing’ and ‘trip’ systems are available, which either warn the driver or stop the vehicle when an obstruction is detected close to, or comes in contact with, the reversing vehicle.

Additionally:

  • Stops such as barriers, or buffers at loading bays can be used. They should be highly visible, and sensibly positioned.
  • Where vehicles reverse up to structures or edges, barriers or wheel stops can be used to warn drivers that they need to stop.
  • White lines on the floor can help the driver position the vehicle accurately.

For more information visit the HSE web page: http://www.hse.gov.uk/workplacetransport/information/reversing.htm or contact us on 07896 016380 or at fiona@eljay.co.uk, and we’ll be happy to help.

Contains public sector information published by the Health and Safety Executive and licensed under the Open Government Licence

 

Working with chainsaws – company fined after worker seriously injured

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A salad growing company has been fined £120,000 after an employee was seriously injured by a chainsaw, suffering deep cuts to his arm, while felling trees with a colleague.

The two employees were working together with one person holding and supporting the branches and the other cutting through them using the chainsaw. During this operation one man’s arm landed on top of the moving chainsaw.

The man sustained deep lacerations damaging the nerves in his arm.

A Health and Safety Executive (HSE) investigation found that neither man had been trained to operate the chainsaw, nor were the pair wearing any personal protective equipment (i.e. chainsaw trousers and jacket, chainsaw gloves, safety helmet, safety boots and eye protection). There was no supervision and no proper planning had been put in place.

Pleading guilty to a single breach under Section 2 of the Health and Safety at Work Act 1974, the company was fined £120,000, including a £170 victim surcharge, and ordered to pay costs of £1,864.35.

Speaking after the case, a HSE Inspector said: “This incident could have easily been avoided if the company had adopted a safe method of working that did not put an employee in the direct line of the moving chainsaw. It was only luck that the gentleman did not lose his arm.

“Companies are reminded that even occasional and ‘one-off’ jobs need to be properly planned to ensure the correct control measures are in place.”

Working with chainsaws

What you need to know

Chainsaws are potentially dangerous machines which can cause fatal or major injuries if not used correctly. It is essential that anyone who uses a chainsaw at work should have received adequate training and be competent in using a chainsaw for the type of work that they are required to do.

In recent years (in forestry and arboriculture) direct contact with a chainsaw has caused 5 deaths and many serious injuries. These do not include the high numbers of other types of accident that occur during felling, pruning and other related work.

For more details on injuries and the main causes:

HSE’s investigations show that most fatal and major injuries involve chainsaw operators taking shortcuts and not following good practice guidance. Usually the reason is to save time.

These case studies (http://www.hse.gov.uk/treework/resources/casestudies.htm) show what happens when operators do not follow good practice guidance.

What you need to do

Chainsaws have the potential to cause horrific injuries. By law, chainsaw operators must have received adequate training relevant to the type of work they undertake.

They are also required to wear appropriate chainsaw protective clothing whenever they use a chainsaw.

The free leaflet Chainsaws at work (http://www.hse.gov.uk/pubns/indg317.pdf) contains everything employers and workers need to know about working safely with a chainsaw, including:

Find out more

For more information, visit the HSE web page: http://www.hse.gov.uk/treework/safety-topics/chainsaw-operator.htm or contact us on 07896 016380 or at fiona@eljay.co.uk, and we’ll be happy to help.

Contains public sector information published by the Health and Safety Executive and licensed under the Open Government Licence

 

Questions you need to ask if you employ contractors – three prosecuted after man loses life due to fall through fragile roof

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Three prosecuted after man loses life due to fall through fragile roof

A company, its director, and a self-employed contractor have been prosecuted by the Health and Safety Executive (HSE), after a man was fatally injured by falling through a roof light.

Warrington Crown Court heard how in June 2013, the man was working with his friend. They were cleaning roof lights on the roof of a building at a Cheshire industrial estate.  The man fell approximately 7m through a roof light to the work-shop floor underneath, and subsequently died.  Both the roof and the roof lights were not able to support the weight of a person.

The HSE investigation found that his friend, who primarily was a gardener and not a roofer, did not take precautions to prevent a fall through the roof, nor off its edge. He did not have the necessary knowledge or competence to carry out the work.

The company failed to have adequate systems in place to ensure a competent roofer was appointed. Both the company and its director failed to adequately plan and supervise the work, due to their own lack of understanding of standards and the law relating to work on fragile roofs.

The company pleaded guilty to breaching Regulation 4(1) and Regulation 5 of the Work at Height Regulations 2005, and were fined £20,000 with more than £8,000 costs.

The company’s director pleaded guilty to breaching two counts of Section 37 of the Health and Safety at Work etc. Act 1974. He was sentenced to four months imprisonment on each count (suspended for 12 months) and was ordered to pay more than £8,000 costs.

At a recent hearing, the man’s friend pleaded guilty to breaching section 3(2) of the Health and Safety at Work etc. Act 1974. He was sentenced to six months imprisonment (suspended for 12 months) and was ordered to pay more than £8,000 costs.

An HSE inspector said after the hearing that if the company and its director had asked questions about the man’s friend’s experience and knowledge (of roof work standards), they would not have employed him. “He should have recognised he was not competent and should not have carried out the work. With these simple considerations, [the man] would not have been on the roof and would not have died in the way he did.”

Do you employ contractors?

If you employ contractors, you have a legal duty to make sure they are competent to do the work you want them to do.

Questions you need to ask

Their experience:

  • What experience do they have in the type of work?
  • Can they provide references? You may want to check these.

Their competence:

  • Do the contractor’s employees hold relevant certificates of competence? (e.g. chainsaw use, tree climbing and aerial rescue, chippers, MEWPs?)
  • Are they a member of a trade or professional body? (e.g. the Arboricultural Association, International Society of Arboriculture, Forestry Contracting Association)
  • What is their safety performance like? (e.g. accident records)?
  • Can they provide examples of methods of work, risk assessments or other documentation to show they are familiar with the type of work?

Their management arrangements:

  • What are their procedures for managing health and safety?
  • Do they properly plan and organise work at height? (e.g. use of MEWP v climbing)
  • Will the work be sub-contracted and if so, how will they control it?
  • How do they supervise and manage their site work?
  • What Codes of Practice or standards will the contractor be working to e.g. AFAG safety guides, Guide to good climbing practice
  • Do they provide employees with the correct personal protective equipment? How do they monitor and check their own safety standards?
  • How do they inspect and check their equipment (owned or hired) e.g. as required by the Lifting Operations and Lifting Equipment Regulations
  • Do they have employers’ liability, public liability and professional indemnity insurance?
  • Are they asking you about your risks or needs?

The more complex and potentially dangerous the activities, the more likely it is that the answers and information will need to be recorded. As the client, you will be responsible for checking that any contractor you appoint is competent to do the work safely.

Once you have selected a competent contractor, you will need to exchange information and agree the method of work. Both will need to be done before work starts. Pre-work meetings are a good way of ensuring that the work is properly planned and controlled. Finally, you will also need to monitor the work.

For more information, download the free HSE leaflet “Using contractors – A brief guide”: http://www.hse.gov.uk/pubns/indg368.pdf or contact us on 07896 016380 or at fiona@eljay.co.uk, and we’ll be happy to help.

Contains public sector information published by the Health and Safety Executive and licensed under the Open Government Licence

 

HEALTH & SAFETY NEWS UPDATE – 10TH DECEMBER 2015

REGISTER BELOW-LEFT TO RECEIVE OUR UPDATES BY EMAIL

IN THIS UPDATE

Introduction

Scaffold checklist – company fined after scaffolding blown over during dismantling

Construction hazardous substances: Cement – construction firm fined after worker suffers cement burns

Preventing exposure to carbon monoxide from use of solid fuel appliances in commercial kitchens

Introduction

This is our last news update of the year and we would like to take this opportunity to wish all of our readers Merry Christmas and a Happy New Year.

As we head into winter, the cold temperatures predicted have thankfully so far eluded us, but heavy rain and strong winds are, worryingly, becoming commonplace. Only last weekend, outside a North Staffordshire convenience store, a 40 metre stretch of scaffolding blew down, landing on six parked cars. Amazingly and luckily, nobody was hurt. And this week, a scaffolding company was fined after scaffolding they were dismantling blew over and hit a bus and pedestrians. Investigation by the HSE found that the scaffolding was not tied to the building, and sheeting was left in place. We open this week’s update with HSE guidance intended to clarify when a scaffold design is required and what level of training and competence those erecting, dismantling, altering, inspecting and supervising scaffolding operations are expected to have.

Staying with construction, we also share HSE guidance on controlling the risks of serious skin problems such as dermatitis and burns which can arise from using cement based products, like concrete or mortar. This is after a construction firm was fined £14,000 plus £1590 costs when a 54-year-old employee suffered severe cement burns to his knees while laying concrete flooring.

Finally, with the increasing popularity of charcoal and wood-fired ovens, the uptake of solid fuel appliances in restaurant kitchens has been rapid. But the Health Protection Agency has warned that wood burning stoves “can cause lethal carbon monoxide poisoning”. So the HSE have published a new catering information sheet which we share this week, aimed specifically at employers who use solid fuel appliances such as tandoori ovens, charcoal grills and wood-fired pizza ovens in commercial kitchens.

We hope you find our news updates useful. If you know of anyone who may benefit from reading them, please encourage them to register at the bottom-left of our news page (http://www.eljay.co.uk/news/) and we’ll email them a link each time an update is published. If in the unlikely event any difficulties are experienced whilst registering we’ll be more than happy to help and can be contacted on 07896 016380 or at Fiona@eljay.co.uk

Scaffold checklist – company fined after scaffolding blown over during dismantling

A scaffolding company has been fined a total of £8,000 plus £2,000 costs after scaffolding hit a bus and pedestrians when it blew over during dismantling.

Leicester Magistrates’ Court heard how in January 2015 the company was dismantling scaffolding on a city centre street when the incident occurred. The scaffolding hit a bus, landed on a parked van and hit two members of the public.

An investigation by the Health and Safety Executive (HSE) into the incident, found that the company was not following a safe system of work. The scaffolding was not tied to the building and sheeting was left in place. The scaffolding dismantling took place over four days and the workers failed to check the scaffolding condition before they started or to take adequate measures to correct defects and ensure it would not collapse during the dismantling.

Speaking after the hearing HSE inspector Martin Giles said: “Scaffolding needs to be tied to a building and dismantling needs to be properly planned and carried out in a safe manner.”

Scaffold checklist

This guide is intended to clarify when a scaffold design is required and what level of training and competence those erecting, dismantling, altering, inspecting and supervising scaffolding operations are expected to have.

Scaffold design

It is a requirement of the Work at Height Regulations 2005 that unless a scaffold is assembled to a generally recognised standard configuration, eg NASC Technical Guidance TG20 for tube and fitting scaffolds or similar guidance from manufacturers of system scaffolds, the scaffold should be designed by bespoke calculation, by a competent person, to ensure it will have adequate strength, rigidity and stability while it is erected, used and dismantled.

At the start of the planning process, the user should supply relevant information to the scaffold contractor to ensure an accurate and proper design process is followed.  Typically this information should include:

  • site location
  • period of time the scaffold is required to be in place
  • intended use
  • height and length and any critical dimensions which may affect the scaffold
  • number of boarded lifts
  • maximum working loads to be imposed and maximum number of people using the scaffold at any one time
  • type of access onto the scaffold eg staircase, ladder bay, external ladders
  • whether there is a requirement for sheeting, netting or brickguards
  • any specific requirements or provisions eg pedestrian walkway, restriction on tie locations, inclusion/provision for mechanical handling plant eg hoist)
  • nature of the ground conditions or supporting structure
  • information on the structure/building the scaffold will be erected against together with any relevant dimensions and drawings
  • any restrictions that may affect the erection, alteration or dismantling process

Prior to installation, the scaffold contractor or scaffold designer can then provide relevant information about the scaffold.  This should include:

  • type of scaffold required (tube & fitting or system)
  • maximum bay lengths
  • maximum lift heights
  • platform boarding arrangement (ie 5 + 2) and the number of boarded lifts that can be used at any one time
  • safe working load / load class
  • maximum leg loads
  • maximum tie spacing both horizontal and vertical and tie duty
  • details of additional elements such as beamed bridges, fans, loading bays etc, which may be a standard configuration (see note 1 ref TG20:13) or specifically designed
  • information can be included in relevant drawings if appropriate
  • any other information relevant to the design, installation or use of the scaffold
  • reference number, date etc. to enable recording, referencing and checking

All scaffolding must be erected, dismantled and altered in a safe manner.  This is achieved by following the guidance provided by the NASC in document SG4 ‘Preventing falls in scaffolding’ for tube and fitting scaffolds or by following similar guidance provided by the manufacturers of system scaffolding.

For scaffolds that fall outside the scope of a generally recognised standard configuration the design must be such that safe erection and dismantling techniques can also be employed throughout the duration of the works. To ensure stability for more complex scaffolds, drawings should be produced and, where necessary, these may need to be supplemented with specific instructions.

Any proposed modification or alteration that takes a scaffold outside the scope of a generally recognised standard configuration should be designed by a competent person and proven by calculation.

Scaffold structures that normally require bespoke design

Includes:

  • all shoring scaffolds (dead, raking, flying)
  • cantilevered scaffolds
  • truss-out Scaffolds
  • façade retention
  • access scaffolds with more than the 2 working lifts
  • buttressed free-standing scaffolds
  • temporary roofs and temporary buildings
  • support scaffolds
  • complex loading bays
  • mobile and static towers
  • free standing scaffolds
  • temporary ramps and elevated roadways
  • staircases and fire escapes (unless covered by manufacturers instructions)
  • spectator terraces and seating stands
  • bridge scaffolds
  • towers requiring guys or ground anchors
  • offshore scaffolds
  • pedestrian footbridges or walkways
  • slung and suspended scaffolds
  • protection fans
  • pavement gantries
  • marine scaffolds
  • boiler scaffolds
  • power line crossings
  • lifting gantries and towers
  • steeple scaffolds
  • radial / splayed scaffolds on contoured facades
  • system scaffolds outside manufacturers guidance
  • sign board supports
  • sealing end structures (such as temporary screens)
  • temporary storage on site
  • masts, lighting towers and transmission towers
  • advertising hoardings/banners
  • rubbish chute
  • any scaffold structure not mentioned above that falls outside the ‘compliant scaffold’ criteria in TG20 or similar guidance from manufacturers of system scaffolds.

The above list is not exhaustive and any scaffold that is not a standard configuration or does not comply with published manufacturers’ guidelines will require a specific design produced by a competent person.

Note:

  1. TG20:13 provides compliant scaffolds for a limited range of cantilever scaffolds, loading bays, static towers, use of rakers, bridges and protection fans.
  1. TG20:13 provides a range of compliant scaffolds, which can be boarded at any number of lifts, but only two platforms can be used as working platforms at any one time.

Competence and supervision of scaffolding operatives

All employees should be competent for the type of scaffolding work they are undertaking and should have received appropriate training relevant to the type and complexity of scaffolding they are working on.

Employers must provide appropriate levels of supervision taking into account the complexity of the work and the levels of training and competence of the scaffolders involved.

As a minimum requirement, every scaffold gang should contain a competent scaffolder who has received training for the type and complexity of the scaffold to be erected, altered or dismantled.

Trainee scaffolders should always work under the direct supervision of a trained and competent scaffolder. Operatives are classed as ‘trainees’ until they have completed the approved training and assessment required to be deemed competent.

Erection, alteration and dismantling of all scaffolding structures (basic or complex) should be done under the direct supervision of a competent person. For complex structures this would usually be an ‘Advanced Scaffolder’ or an individual who has received training in a specific type of system scaffold for the complexity of the configuration involved.

Scaffolding operatives should be up to date with the latest changes to safety guidance and good working practices within the scaffolding industry. Giving operatives job specific pre-start briefings and regular toolbox talks is a good way of keeping them informed.

Guidance on the relevant expertise of Scaffolders and Advanced scaffolders including details of which structures they are deemed competent to erect can be obtained from the Construction Industry Scaffolders Record Scheme (CISRS) website (http://cisrs.org.uk/).

Scaffold inspection

It is the scaffold users / hirers responsibility to ensure that all scaffolding has been inspected as follows:

  • following installation / before first use
  • at an interval of no more than every 7 days thereafter
  • following any circumstances liable to jeopardise the safety of the installation eg high winds.

All scaffolding inspection should be carried out by a competent person whose combination of knowledge, training and experience is appropriate for the type and complexity of the scaffold.

Competence may have been assessed under the CISRS or an individual may have received training in inspecting a specific type of system scaffold from a manufacturer/supplier.

A non-scaffolder who has attended a scaffold inspection course (eg a site manager) could be deemed competent to inspect a basic scaffold structure.

The scaffold inspection report should note any defects or matters that could give rise to a risk to health and safety and any corrective actions taken, even when those actions are taken promptly, as this assists with the identification of any recurring problem.

Further information

National Access and Scaffolding Confederation (http://www.nasc.org.uk/)

For clarification or more information, visit the HSE web page http://www.hse.gov.uk/construction/safetytopics/scaffoldinginfo.htm or contact us on 07896 016380 or at Fiona@eljay.co.uk and we’ll be happy to help.

Construction hazardous substances: Cement – construction firm fined after worker suffers cement burns

A construction firm has been fined £14,000 plus £1590 costs after a 54-year-old employee suffered severe cement burns to his knees while laying concrete flooring.

Sefton Magistrates’ Court heard that in November 2014, the employee kneeled in wet concrete to manually finish the concrete flooring being laid in a domestic bungalow. The cement burns to both his knees resulted in 12 days hospitalisation and ongoing treatment.

The Health and Safety Executive (HSE) investigation found the firm failed to adequately assess the risks and implement suitable and sufficient control measures to protect employees from contact of the wet concrete with the skin. In addition, it did not provide suitable Personal Protective Equipment (PPE) and there were no welfare facilities on site.

The court heard the company had been served with HSE Improvement Notices for lack of welfare facilities in September 2014 and June 2014.

HSE inspector Anne Foster said after the hearing: “The injuries the employee suffered were entirely foreseeable and avoidable had the company implemented suitable controls, such as the use of long-handled tools, or the provision of suitable chemical resistant PPE. It is also wholly unreasonable to expect workers to travel four miles to find welfare facilities.”

What you must do

The Control of Substances Hazardous to Health (COSHH) Regulations (http://www.hse.gov.uk/coshh/index.htm) says you must protect against the risks from cement-based products. Follow the Assess, Control and Review model. Pay particular attention to:

Assess

Identify and assess: Identify those tasks where cement based products will be used. Workers handling / mixing cement powder or using wet mortar and cement are particularly at risk. Check for any existing skin or allergy problems as this work could make these conditions worse. Follow the control steps below.

Cement powder is also a respiratory irritant. The dust produced while cutting, drilling etc dried concrete and mortar can cause more serious lung disease. More information on assessing and controlling this risk can be found in the section on construction dust (http://www.hse.gov.uk/construction/healthrisks/hazardous-substances/construction-dust.htm).

Control

Prevent: Where possible think about eliminating or reducing the amount of cement used and contact with it. Consider:

  • avoiding exposure to cement powder by using pre-mixed concrete / mortar
  • using work methods that increases the distance between the worker and the substance such as longer handled tools
  • rotating cement bags to ensure they are used before the shelf date. The ingredient added to reduce the risk of allergic contact dermatitis is only effective for a limited period.

Control: Even if you stop some of the risk this way, you may still do other work that might involve contact with cement. Control the risk by:

  • Gloves – gloves should be waterproof and suitable for use with high pH (alkaline) substances; eg marked with EN374:2003 and tested for use with “alkalis and bases” (class K) – some nitrile or PVC gloves may be suitable. Breakthrough time and permeation rate should also be suitable for the type and duration of the work. Gloves should be long and /or tight fitting at the end to prevent cement being trapped between the glove and the skin.
  • More information on gloves: http://www.hse.gov.uk/skin/employ/gloves.htm
  • Footwear – suitable footwear, such as wellington boots, should be used where large concrete pours are taking place. If standing in cement, these should be high enough to prevent cement entering the top of the boot.
  • Waterproof trousers – when kneeling on wet products containing cement, appropriate waterproof trousers should be worn or, if screeding, use appropriate waterproof knee pads or knee boards. Minimise any time spent kneeling. Wear trousers over the top of boots. This stops cement getting into them.
  • Washing – wash off any cement on the skin as soon as possible. Workers should be encouraged to wash exposed skin at breaks and after work. Good washing facilities are essential. There should be hot and cold or warm running water, soap and towels. Basins should be large enough to wash forearms. Showers may be needed in some situations where workers could get heavily covered in cement. Use emergency eyewash to remove any cement that gets into eyes.
  • Skin care products – these can help to protect the skin. They replace the natural oils that help keep the skin’s protective barrier working properly.

Train: Workers need to know how to use the controls properly. They also need to be aware of the signs and symptoms of dermatitis.  Finding skin problems early can stop them from getting too bad.

Review

Supervise: Ensure that controls such as work methods, PPE and welfare are effective and used by the workers.

Monitor: Appropriate health surveillance is needed to check your controls are preventing dermatitis. This could be done by a ‘responsible person’ who can be an employee provided with suitable training. They should:

  • assess the condition of a new worker’s skin before, or as soon as possible after, they start work and then periodically check for early signs of skin disease after this
  • keep secure health records of these checks
  • tell the employer the outcome of these checks and any action needed

What you should know

Skin problems are not just a nuisance, they can be very painful and sometimes debilitating. Cement and cement-based products can harm the skin in a number of ways.

Wet cement is highly alkaline in nature. A serious burn or ulcer can rapidly develop if it is trapped against the skin. In extreme cases, these burns may need a skin graft or cause a limb to be amputated. Cement can also cause chemical burns to the eyes.

Cement also causes dermatitis. It can abrade the skin and cause irritant contact dermatitis. Cement also contains hexavalent chromium (chromate). This can cause allergic contact dermatitis due to sensitisation. Manufacturers add an ingredient to lower the hexavalent chromium content and reduce this risk. This ingredient is only effective for a limited period as indicated by the shelf date. After this period, the level of hexavalent chromium may increase again. Once a person has become sensitised to this substance, any future exposure may trigger dermatitis. Some skilled tradesmen have been forced to change their trade because of this.

For more information on the effects of dermatitis see (click on the links):

For more information visit the HSE web page http://www.hse.gov.uk/construction/healthrisks/hazardous-substances/cement.htm or contact us on 07896 016380 or at Fiona@eljay.co.uk and we’ll be happy to help.

Preventing exposure to carbon monoxide from use of solid fuel appliances in commercial kitchens

This new catering information sheet is published in collaboration with the Heating Equipment Testing and Approval Scheme, the Solid Fuel Association and the Hospitality Industry Liaison Forum.

The guidance is aimed specifically at employers who use solid fuel appliances such as tandoori ovens, charcoal grills and wood-fired pizza ovens in commercial kitchens. It is concerned with the risks of exposure to carbon monoxide gas for workers as well as members of the public and outlines how they can be protected and what the law says.

The information sheet can be downloaded free by clicking on the link: http://www.hse.gov.uk/pubns/cais26.pdf

For clarification or more information visit the HSE web page http://www.hse.gov.uk/pubns/cais26.htm or contact us on 07896 016380 or at Fiona@eljay.co.uk and we’ll be happy to help.

Contains public sector information published by the Health and Safety Executive and licensed under the Open Government Licence

 

 

HEALTH & SAFETY NEWS UPDATE – 12TH NOVEMBER 2015

REGISTER BELOW-LEFT TO RECEIVE OUR UPDATES BY EMAIL

IN THIS UPDATE

Introduction

Smoke and Carbon Monoxide Alarm (England) Regulations 2015 – landlords now required by law to install working smoke and carbon monoxide alarms in their properties

Working safely with lead – roofing firm fined after workers are exposed

HSE and HMRC working together for you – growing your business

Introduction

Last month, as part of wider government moves to ensure that there are sufficient measures in place to protect public safety (while at the same time avoiding regulation which would push up rents and restrict the supply of homes – limiting choice for tenants), the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 took effect – requiring landlords to install working smoke and carbon monoxide alarms in their properties and, as a result, helping to prevent up to 26 deaths and 670 injuries a year.

Last week, a roofing company was fined £3,000 and ordered to pay £893.95 in costs after workers were put at risk of significant levels of exposure to lead. The company was found to have not assessed the risks of exposure to working with lead or implemented suitable controls to prevent that exposure. So this week, we share HSE guidance on working with safely with lead, and action required by employers to reduce lead risk to workers.

Is your business growing, and are you taking on new employees? Then you’re likely to be facing new issues and concerns – particularly with regard to health and safety. Whilst we encourage readers to contact us with any queries, we welcome the move by the HSE and HMRC in working together to deliver a live webinar which looks at some of the questions you may have and guides you through the answers. Details of webinar dates – the first of which is next week – and how to register are provided below.

We hope you find our news updates useful. If you know of anyone who may benefit from reading them, please encourage them to register at the bottom-left of our news page (http://www.eljay.co.uk/news/) and we’ll email them a link each time an update is published. If in the unlikely event any difficulties are experienced whilst registering we’ll be more than happy to help and can be contacted on 07896 016380 or at Fiona@eljay.co.uk

Smoke and Carbon Monoxide Alarm (England) Regulations 2015 – landlords now required by law to install working smoke and carbon monoxide alarms in their properties

Landlords are now required by law to install working smoke and carbon monoxide alarms in their properties, under measures announced by Housing Minister Brandon Lewis earlier this year.

The move will help prevent up to 26 deaths and 670 injuries a year.

The measure took effect last month, and comes with strong support after a consultation on property condition in the private rented sector.

England’s 46 fire and rescue authorities are expected to support private landlords in their own areas to meet their new responsibilities with the provision of free alarms, with grant funding from government.

This is part of wider government moves to ensure there are sufficient measures in place to protect public safety, while at the same time avoiding regulation which would push up rents and restrict the supply of homes, limiting choice for tenants.

Housing Minister Brandon Lewis said:

In 1988 just 8% of homes had a smoke alarm installed – now it’s over 90%.

The vast majority of landlords offer a good service and have installed smoke alarms in their homes, but I’m changing the law to ensure every tenant can be given this important protection.

But with working smoke alarms providing the vital seconds needed to escape a fire, I urge all tenants to make sure they regularly test their alarms to ensure they work when it counts. Testing regularly remains the tenant’s responsibility.

Communities Minister Stephen Williams said:

We’re determined to create a bigger, better and safer private rented sector – a key part of that is to ensure the safety of tenants with fire prevention and carbon monoxide warning.

People are at least 4 times more likely to die in a fire in the home if there’s no working smoke alarm.

That’s why we are proposing changes to the law that would require landlords to install working smoke alarms in their properties so tenants can give their families and those they care about a better chance of escaping a fire.

Ensuring the safety of tenants

Other measures to support the private rented sector include investing £1 billion in building newly-built homes specifically for private rent, giving tenants support against rogue landlords and publishing a How to rent guide so tenants and landlords alike are aware of their rights and responsibilities.

The changes to the law require landlords to install smoke alarms on every floor of their property, and test them at the start of every tenancy.

Landlords also need to install carbon monoxide alarms in high risk rooms – such as those where a solid fuel heating system is installed.

Those who fail to install smoke and carbon monoxide alarms will face sanctions and could face up to a £5,000 civil penalty.

This will bring private rented properties into line with existing building regulations that already require newly-built homes to have hard-wired smoke alarms installed.

And it’s in line with other measures the government has taken to improve standards in the private rented sector, without wrapping the industry up in red tape.

The Department for Communities and Local Government has published an explanatory booklet for landlords, ‘Smoke and carbon monoxide alarms’, free to download by clicking on the link: https://www.gov.uk/government/publications/smoke-and-carbon-monoxide-alarms-explanatory-booklet-for-landlords. The booklet is designed to help landlords further understand and comply with the Smoke and Carbon Monoxide Alarm (England) Regulations 2015.

For clarification or more information, please contact us on 07896 016380 or at Fiona@eljay.co.uk, and we’ll be happy to help.

Working safely with lead – roofing firm fined after workers are exposed

A Gloucestershire roofing company has pleaded guilty to health and safety failings after workers were put at risk of significant levels of exposure to lead.

Last week, Worcester Magistrates’ Court was told that during a routine HSE inspection, the company was observed carrying out replacement lead work on a roof in Worcester.

The company was found to have not assessed the risks of exposure to working with lead or implemented suitable controls to prevent that exposure.

There were no known medical affects found in the two workers although significant levels of lead were found in their blood.

The roofing company pleaded guilty to Control of Lead at Work 6(1) and was fined £3,000 and ordered to pay £893.95 in costs.

Working safely with lead

Working with lead can put your health at risk, causing symptoms including headaches, stomach pains and anaemia. Other serious health effects include kidney damage, nerve and brain damage and infertility.

Health effects from exposure to lead

The Control of Lead at Work Regulations 2002 (CLAW) place a duty on employers to prevent, or where this is not reasonably practicable, to control employee exposure to lead.

The occupational exposure limit for lead in air set out in the Regulations is 0.15 mg/m3, and blood lead suspension levels for males and females are 60 and 30ug/dl, respectively.  For young workers (under 18) the blood lead suspension limit is 50 μg/dl.  However there is growing scientific evidence that employees’ health is at risk, even where exposure to lead is below the levels in CLAW, for example, above levels of 40ug/dl, the following health effects have been observed:

  • changes in the blood which might lead to anaemia
  • effects on the nervous system
  • effects on the kidney
  • altered functioning of the testicles which could lead to infertility

At exposures around 30ug/dl, elevated blood pressure in middle-aged males has been reported.

HSE is therefore reminding employers of good practice for controlling workers’ exposures to lead.

The Control of Lead at Work Regulations 2002 (CLAW) place a duty on employers to prevent, or where this is not reasonably practicable, to control employee exposure to lead.

When are you most at risk?

Work processes

When you work in industrial processes which create lead dust, fume or vapour. These include:

  • blast removal and burning of old lead paint
  • stripping of old lead paint from doors, windows etc
  • hot cutting in demolition and dismantling operations
  • recovering lead from scrap and waste
  • lead smelting, refining, alloying and casting
  • lead-acid battery manufacture and breaking and recycling
  • manufacturing lead compounds
  • manufacturing leaded-glass
  • manufacturing and using pigments, colours and ceramic glazes
  • working with metallic lead and alloys containing lead, for example soldering
  • some painting of buildings
  • some spraying of vehicles
  • recycling of televisions or computer monitors which contain Cathode Ray Tubes (CRT’s)

Your body absorbs lead when you:

  • breathe in lead dust fume or vapour
  • swallow any lead for example if you eat, drink, smoke or bite you nails without washing your hands and face.

What you should do to protect your health

  • make sure you have all of the information and training you need to work safely with lead
  • use all of the equipment provided by your employer and follow the instructions for use
  • make sure all protective equipment fits correctly and is in good condition
  • keep your immediate work area clean and tidy
  • clear up and get rid of any lead waste at the end of the day
  • do not take home any protective clothing or footwear for washing or cleaning
  • wear any necessary protective equipment or clothing and return it to the proper place provided by your employer
  • report any damaged or defective equipment to your employer
  • only eat and drink in designated areas that are free from lead contamination
  • keep any medical appointments with the doctor where you work
  • practice a high standard of personal hygiene:
  • wash your hands and face and scrub your nails before eating
  • wash and/or shower before you go home

Action required by employers

  • Review work processes and workplaces for opportunities to reduce workers’ exposure to lead by reducing the number of people exposed, the amount of lead to which they are exposed and the length of time each worker is exposed.
  • Ensure you are using the right controls – check with industry good practice
  • Ensure the controls are always used when needed
  • Keep all controls in good working order. This means mechanical controls (eg extraction, respiratory protection), administrative controls (eg supervision, medical surveillance) and operator behaviour (following instructions).
  • Show that control is being sustained – keep good records.
  • You should consult an appointed doctor about the medical surveillance which is appropriate for your work activities and workplace.
  • If you are in doubt, seek expert help.

Personal decontamination and skin care

  • Provide clean facilities for separate storage of clean and contaminated work clothing.
  • Provide warm water, mild skin cleansers, and soft paper or fabric towels for drying. Avoid abrasive cleansers.
  • Provide pre-work skin creams, which will make it easier to wash dirt from the skin, and after-work creams to replace skin oils.

Caution: ‘Barrier creams’ are not ‘liquid gloves’ and they do not provide a full barrier.

Training and supervision

Train and supervise workers to make sure they are doing the job in the right way and using controls properly to reduce their exposure. Include supervisors and managers in health and safety training. Make sure your workers understand:

  • the hazards associated with working with lead
  • how to use dust controls, and how to check that they are working
  • how to maintain and clean equipment safely
  • how to look after personal protective equipment (PPE)
  • what to do if something goes wrong

Check workers:

  • use the controls provided
  • follow the correct work method
  • turn up for medical surveillance;
  • follow the rules on personal hygiene

For clarification or more information, please visit the HSE web page http://www.hse.gov.uk/lead/ or contact us on 07896 016380 or at Fiona@eljay.co.uk, and we’ll be happy to help.

HSE and HMRC working together for you – growing your business

Find answers to typical questions for growing businesses on health and safety and taking on new employees in this live webinar (seminar conducted over the internet).

Webinar overview

As your business starts to grow or you take on more employees you’ll face new issues and concerns. HMRC and the Health and Safety Executive are working together to deliver a live webinar about the typical situations you are likely to face. It looks at some of the questions you may have and guides you through the answers.

Webinar dates

  • 17 November 2015, 10am – 11am, register by clicking on the below link: https://attendee.gotowebinar.com/register/7646516601989812225
  • 15 December 2015, 10am – 11am, registration (TBA)
  • 12 January 2016, 10am – 11am, registration (TBA)
  • 9 February 2016, 10am – 11am, registration (TBA)
  • 8 March 2016, 10am – 11am, registration (TBA)

Once you have registered the webinar organizer will communicate with you regarding these events.

Alternatively, if you have any questions regarding any aspect of health and safety, contact us on 07896 016380 or at Fiona@eljay.co.uk, and we’ll be happy to help.

Contains public sector information published by GOV.UK and the Health and Safety Executive and licensed under the Open Government Licence

 

 

HEALTH & SAFETY NEWS UPDATE – 5TH NOVEMBER 2015

REGISTER BELOW-LEFT TO RECEIVE OUR UPDATES BY EMAIL

IN THIS UPDATE

Introduction

New sentencing guidelines introduced for corporate manslaughter, health and safety and food safety

Dichloromethane (DCM) Restriction: firm sentenced after worker dies after inhaling paint stripper

Dumpers: construction firm sentenced after dumper truck topple

Introduction

Last week, we looked at the Corporate Manslaughter and Corporate Homicide Act 2007, and the impact its introduction has had on companies and organisations. This week, new sentencing guidelines have been introduced for corporate manslaughter, as well as health and safety and food safety. Publication of the guidelines (by the Sentencing Council) ensures that for the first time, there will be comprehensive sentencing guidelines covering the most commonly sentenced health and safety offences and food safety offences in England and Wales.

Also, further to news last week of a motor vehicle repair company being fined £50,000 following the death of a worker after inhaling dichloromethane (DCM) fumes while cleaning a chemical paint stripping tank, we share HSE guidance on the safe working practices that should be followed where the use of paint stripper containing DCM is permitted, i.e. in industrial installations only.

And finally, we close with HSE guidance on the safe use of dumpers, following the recent sentencing of a construction firm after a worker was injured when a 10 tonne dumper truck he was driving overturned and landed in an open excavation.

We hope you find our news updates useful. If you know of anyone who may benefit from reading them, please encourage them to register at the bottom-left of our news page (http://www.eljay.co.uk/news/) and we’ll email them a link each time an update is published. If in the unlikely event any difficulties are experienced whilst registering we’ll be more than happy to help and can be contacted on 07896 016380 or at Fiona@eljay.co.uk

New sentencing guidelines introduced for corporate manslaughter, health and safety and food safety

New sentencing guidelines have been published this week aiming to ensure a consistent, fair and proportionate approach to sentencing organisations or individuals convicted of corporate manslaughter, health and safety and food safety and hygiene offences.

Offences that come under the guidelines are very varied and could include a building firm that causes the death of an employee by not providing the proper equipment for working at height, a restaurant that causes an outbreak of e. coli poisoning through unsafe food preparation, a manufacturer that causes injury to a new worker by not providing training for operating machinery or a gas fitter whose sub-standard work leads to the risk of an explosion in someone’s home.

The publication of the guidelines ensures that for the first time, there will be comprehensive sentencing guidelines covering the most commonly sentenced health and safety offences and food safety offences in England and Wales. Until now, there has been limited guidance for judges and magistrates in dealing with what can be complex and serious offences that do not come before the courts as frequently as some other criminal offences.

The introduction of the guidelines means that in some cases, offenders will receive higher penalties, particularly large organisations committing serious offences – such as when an organisation is convicted of deliberately breaking the law and creating a high risk of death or serious injury. It is not anticipated that there will be higher fines across the board, or that they will be significantly higher in the majority of cases to those currently imposed.

The increase in penalties for serious offending has been introduced because in the past, some offenders did not receive fines that properly reflected the crimes they committed. The Council wants fines for these offences to be fair and proportionate to the seriousness of the offence and the means of offenders.

In order to achieve this, the guidelines set out sentencing ranges that reflect the very different levels of risk of harm that can result from these offences.

Corporate manslaughter always involves at least one death, but health and safety offences can vary hugely; they may pose the risk of minor harm or lead to multiple fatalities. Food offences are also wide-ranging. They could involve poor hygiene or preparation standards in a restaurant kitchen that put customers at risk of illness or that cause fatal food poisoning.

The sentencing ranges also take into account how culpable the offender was. This could range from minor failings in procedures to deliberately dangerous acts.

While prison sentences are available for individuals convicted of very serious offences, most offences are committed by organisations and therefore fines are the only sentence that can be given.

The guidelines use the turnover of the offender to identify the starting point of the fine. Turnover is used as this is a clear indicator that can be easily assessed.

However, turnover is never the only factor taken into account. The guidelines require the court to “step back”, review and adjust the initial fine if necessary. It must take into account any additional relevant financial information, such as the profit margin of the organisation, the potential impact on employees, or potential impact on the organisation’s ability to improve conditions or make restitution to victims. This means sentences will always be tailored to the offender’s specific circumstances. Fines may move up or down or outside the ranges entirely as a result of these additional mandatory steps.

Legislation requires that any fine imposed must reflect the seriousness of the offence and take into account the financial circumstances of the offender. All factors being equal, a similar level of fine given to a large, wealthy corporation on the one hand and a sole trader with a modest turnover on the other would be unfair, just as the same speeding fine given to a premiership footballer and someone on an average income would not achieve the same level of punishment or deterrence.

The UK’s record on worker fatalities is good, but where such offences are committed, the Council believes fines should be available which reflect the seriousness of the offence. As well as causing fatalities, health and safety offences may risk or cause a wide spectrum of injury and illness, including a life-changing disability or health condition for victims.

While addressing remedial action with offenders is the responsibility of the Health and Safety Executive rather than the courts, the guideline does provide for remedial orders to be made by the court in addition to or instead of punishment in cases where they may be appropriate. The guideline also includes a range of mitigating factors which allow for voluntary positive action to remedy a failure on the part of offenders to be reflected in sentences.

Sentencing Council member Michael Caplan QC said:

“These guidelines will introduce a consistent approach to sentencing, ensuring fair and proportionate sentences for those who cause death or injury to their employees and the public or put them at risk. These offences can have very serious consequences and it is important that sentences reflect these.”

Rod Ainsworth, Director of Regulatory and Legal Strategy at the FSA said:

“We welcome these guidelines. They will ensure that there is consistency in sentencing for food safety and food hygiene offences across the country. They will also ensure that offenders are sentenced fairly and proportionately in the interests of consumers.”

Following their publication this week, the guidelines will come into force in courts on 1 February 2016.

© Crown copyright: contains public sector information published by the Sentencing Council, and licensed under the Open Government Licence v3.0

Dichloromethane (DCM) Restriction: firm sentenced after worker dies after inhaling paint stripper

An employer has been fined £50,000 after a worker died after inhaling fumes while cleaning a chemical paint stripping tank at a motor vehicle repair company.

Dundee Sheriff Court heard how in August 2011, the worker was employed by the company to undertake general duties which included collections and deliveries, removing and replacing tyres, and moving alloy wheels into, and out of, the chemical stripping tank. He was overcome by dichloromethane vapour while attempting to remove stripping debris from within the chemical stripping tank and died as a result of his exposure to those vapours.

The Health and Safety Executive (HSE) investigation found the worker was provided with no formal training in respect of the use of the chemical stripping tank and the chemical stripping agent used by the company. Instead he was given ‘on the job’ training.

For more information about chemicals at work visit the website at http://www.hse.gov.uk/chemicals/

Dichloromethane (DCM) Restriction

A new ban on some supply and use of paint strippers containing the hazardous substance ‘dichloromethane’ (DCM, and also known as methylene chloride) is coming into force.  For the purposes of this ban, the term ‘paint stripper’ is taken to mean DCM (or mixtures containing it) intended for stripping paint, varnish or lacquer.

Pure DCM (or mixtures containing it) sold and used for other purposes (e.g. degreasing) aren’t banned and can continue to be sold and used (although not for stripping paint).

The new ban makes a distinction between three types of use:

  • ‘Industrial’ use of paint strippers in ‘industrial installations’ (i.e. facilities where paint stripping takes place) – this is allowed to continue as long as certain safe working practices are followed.
  • ‘Professional’ use by workers where this takes place away from an industrial installation. This will be banned, but UK can choose to allow continued safe use by specifically trained professionals.
  • ‘Consumer’ use by the general public, such as DIY. Supply to consumers is banned.

Industrial use

Use of DCM-based paint strippers can continue in industrial installations so long as certain safe working practices are followed. Supply for these uses is also permitted. The required conditions for continued industrial use are listed in paragraph 4 of the restriction text:

(a) effective ventilation in all processing areas, in particular for the wet processing and the drying of stripped articles: local exhaust ventilation at strip tanks supplemented by forced ventilation in those areas, so as to minimise exposure and to ensure compliance, where technically feasible, with relevant occupational exposure limits;

(b) measures to minimise evaporation from strip tanks comprising: lids for covering strip tanks except during loading and unloading; suitable loading and unloading arrangements for strip tanks; and wash tanks with water or brine to remove excess solvent after unloading;

(c) measures for the safe handling of dichloromethane in strip tanks comprising: pumps and pipework for transferring paint stripper to and from strip tanks; and suitable arrangements for safe cleaning of tanks and removal of sludge;

(d) personal protective equipment that complies with Directive 89/686/EEC comprising: suitable protective gloves, safety goggles and protective clothing; and appropriate respiratory protective equipment where compliance with relevant occupational exposure limits cannot be otherwise achieved;

(e) adequate information, instruction and training for operators in the use of such equipment.

Paint strippers supplied for industrial use must be labelled in accordance with either the CHIP Regulations or CLP, and must also be ‘visibly, legibly and indelibly marked’ with the text ‘Restricted to industrial use and to professionals approved in certain EU Member States — verify where use is allowed.’ Suppliers will wish to satisfy themselves that mixtures are being supplied for legal uses, in order to explain such a due diligence approach if challenged.

Professional (mobile) use

The ban first took effect on 6 December 2010.  Since then formulators of DCM-based paint strippers have not been allowed to put their products into the supply chain for use outside industrial installations. Suppliers could however continue to sell existing stocks to professionals or the public for a further year, until 6 December 2011. On the 6 June 2012 all use of DCM-based paint strippers by professionals outside industrial installations had to cease.

For clarification or more information, please contact us on 07896 016380 or at Fiona@eljay.co.uk, and we’ll be happy to help.

Dumpers: construction firm sentenced after dumper truck topple

A construction firm has been sentenced after a worker was injured when a 10 tonne dumper truck he was driving over turned and landed in an open excavation.

Peterborough Magistrates’ Court heard the construction firm failed to put in place measures such as stop blocks to prevent vehicles from falling into the excavation, failed to plan and implement a safe system of work, and inadequately trained the dumper truck driver.

The Health and Safety Executive (HSE) prosecuting said the incident could have easily been avoided by putting simple safety measures in place.

The driver of the truck sustained crush injuries to his wrist.

After the hearing, the HSE Inspector who investigated and prosecuted this case, said: “Accidents can be prevented by ensuring construction work is planned, managed and monitored in a way that ensures it is carried out safely from the start, including for example the use of stop blocks at the edge of excavations”.

Dumpers

What you need to do

The law says you must organise your site to segregate pedestrians and dumpers. The dumpers used must be carefully selected, maintained and operated by trained drivers. Key issues are:

  • Dumper hazards
  • Controlling the risk
  • Training and competence
  • Inspection and maintenance

What you need to know

A safe workplace for all vehicle operations must be established by separating pedestrians and vehicles and providing hazard-free traffic routes. See Traffic management (http://www.hse.gov.uk/construction/safetytopics/vehiclestrafficmanagement.htm).

Dumper hazards

Most fatal injuries involving dumpers are caused by:

  • Overturning – over 60% of dumper deaths involve the driver when the vehicle overturns;
  • Collision – most other deaths occur when pedestrians are struck by the dumper when it is reversing or going forwards on site.

Controlling the risk

It is important to select the right dumper for the job. There are a number of key factors to consider when controlling the significant hazards arising from use of dumpers. These are:

  • Gradients: Plan the work so that dumpers are used on gradients that are within their safe working capacity. Check with the manufacturer.
  • Competence: Arrange for dumpers to be driven by trained and competent operators and implement a system for supervising safe driving practice.
  • Safety devices: Check that dumpers are provided with roll-over protection and that drivers use their seatbelts.
  • Loading: Make sure loads are distributed evenly and provide purpose-built platforms for regularly transported items, eg large drums.
  • Vision: Make sure that loads do not obscure driver vision.
  • Edges: Provide wheel stops at a safe distance from edges of excavations, pits and spoil heaps to prevent site dumpers falling when tipping.

Training and competence

There are two categories of worker who must be trained and competent regarding dumper hazards and precautions:

  • Drivers should be trained, competent and authorised to operate the specific dumper. Training certificates from recognised schemes help demonstrate competence, and certificates should be checked for validity;
  • Pedestrians: should be instructed in safe pedestrian routes on site and the procedure for making drivers aware of their presence.

Inspection and maintenance

A programme of daily visual checks, regular inspections and servicing schedules should be established in accordance with the manufacturer’s instructions and the risks associated with each vehicle.

Drivers should be encouraged to report defects or problems. Reported problems should be put right quickly and the dumper taken out of service if the item is safety critical.

For clarification or more information, please contact us on 07896 016380 or at Fiona@eljay.co.uk, and we’ll be happy to help.

Contains public sector information published by the Health and Safety Executive and licensed under the Open Government Licence

 

 

HEALTH & SAFETY NEWS UPDATE – 22ND OCTOBER 2015

REGISTER BELOW-LEFT TO RECEIVE OUR UPDATES BY EMAIL

IN THIS UPDATE

Introduction

Frequently asked questions – Construction (Design and Management) Regulations 2015

Upper Limb Disorders (ULDs) – assessment of repetitive tasks of the upper limbs (the ART tool)

PPE – are turban-wearing Sikhs exempt from the need to wear head protection in the workplace?

Introduction

Since The Construction (Design and Management) Regulations 2015 (CDM 2015) came into force on 6 April 2015, replacing CDM 2007, we have received a number of queries in relation to this major legislative development, so we thought it would be useful this week to open our update with the HSE’s latest answers to the most frequently asked questions on this topic.

Do your work tasks involve guiding or holding tools, keyboard work or heavy lifting? If so, these have been reported by GPs as being the most likely work-related causes of Upper Limb Disorders (ULDs), for which a prevalence rate of approximately 200,000 total cases was reported amongst people working in the 12 months between 2013/14, resulting in a total of 3.2 million lost working days – an average of almost 16 days per worker (see http://www.hse.gov.uk/statistics/causdis/musculoskeletal/msd.pdf). This week, we also share details of the HSE ART tool (assessment of repetitive tasks of the upper limbs) – available as a free download, allowing you to complete your own assessment of repetitive tasks in your workplace.

And finally, we close with news that turban-wearing Sikhs are now legally exempt from the need to wear head protection not only on construction sites, but also in the workplace of any industry (with limited exceptions).

We hope you find our news updates useful. If you know of anyone who may benefit from reading them, please encourage them to register at the bottom-left of our news page (http://www.eljay.co.uk/news/) and we’ll email them a link each time an update is published. If in the unlikely event any difficulties are experienced whilst registering we’ll be more than happy to help and can be contacted on 07896 016380 or at Fiona@eljay.co.uk

Frequently asked questions – Construction (Design and Management) Regulations 2015

Notifications – F10’s

When is a construction project ‘notifiable’?

A construction project is notifiable if the construction work is expected to:

  • last longer than 30 working days and have more than 20 workers working at the same time at any point on the project; or
  • exceed 500 person days.

Find out how to notify projects, and complete the f10 notification form (click on the link): https://www.hse.gov.uk/forms/notification/f10.htm

Does the 30 working days/500 person days on site include weekends, bank holidays etc?

Every day on which construction work is likely to be carried out should be counted, even if the work on that day is of a short duration. This includes holidays and weekends.

Who should notify a project?

The client has the duty to notify a construction project. In practice however, the client may ask someone else to notify on their behalf.

Maintenance

Does CDM 2015 apply to all maintenance work?

No. The definition of construction work has not changed under CDM 2015. The application to maintenance work remains the same as it was under CDM 2007.

Principal Designer (PD)

I was a CDM co-ordinator under CDM 2007. Can I now work as a principal designer (PD)?

No, not necessarily. To work as a PD, you must be a designer:

  • You might be an architect, consulting engineer, quantity surveyor or anyone who specifies and alters designs as part of their work.
  • You might also be a contractor/builder, commercial client, tradesperson or anyone who carries out design work, or arranges for or instructs people under your control to do so.

You must have the right mix of skills, knowledge, experience and (if an organisation) organisational capability to allow you to carry out all of the functions and responsibilities of a PD for the project in hand, and be in control of the pre-construction phase.

I was an architect/designer on the planning and Building Regulations stages of a project and I am no longer involved with the project. Who will take on the role of principal designer (PD)?

The client has the duty to appoint the PD. If you are no longer involved with the project, the client must appoint another PD. You will still be responsible for the design decisions you made in preparing the original plans. The new PD must then take responsibility for any design decisions made following their appointment.

If the client fails to appoint the PD, then the client assumes the role.

I’m a client, can I take on the Principal Designer (PD) role?

Yes. You can choose to take on the PD role yourself. If you do you must have the skills, knowledge, experience and(if an organisation) organisational capability, to carry out all the functions and responsibilities of the PD.

Small builder

I am a general builder who only works on small scale commercial and domestic projects, will CDM 2015 affect me?

Yes. CDM 2015 applies to all construction work including domestic projects.

You will have different responsibilities depending on whether you are (for example):

  • The only contractor working on the job;
  • The principal contractor;
  • One of the contactors workings for a PC.

For more information, please go to ‘Are You a small builder…’ (click on the link): http://www.hse.gov.uk/construction/areyou/builder.htm

Construction Phase Plan (CPP)

As a general builder do I need a Construction Phase Plan (CPP) for any construction work I do?

Yes. If you are the only contactor or the principal contractor (PC), you must draw up a Construction Phase Plan (CPP): http://www.hse.gov.uk/pubns/cis80.pdf. However, it should be proportionate to the size and scale of the job.

A simple plan before the work starts is usually enough to show that you have thought about health and safety.

If you are a contractor working for a PC, it is the PC who must draw up the CPP.

To help you draw up a CPP for small scale projects, please go to the template CPP (click on the link): http://www.hse.gov.uk/pubns/cis80.pdf, or the CDM Wizard (click on the link): http://www.citb.co.uk/health-safety-and-other-topics/health-safety/construction-design-and-management-regulations/cdm-wizard-app/, a free to download smartphone app produced by the Construction Industry Training Board (CITB).

Self build

I want to build my own house, does CDM 2015 apply to me?

To find out, go to The Self Build Portal (click on the link): http://www.selfbuildportal.org.uk/healthandsafety.

Miscellaneous

Can I carry out the role of more than one CDM duty holder on a project?

Yes. Whether you are an individual or an organisation (client, designer, principal designer, contractor or principal contractor), you can carry out the role of more than one duty holder.  You must have the skills, knowledge, experience and (if an organisation) the organisational capability to carry out all of the functions and responsibilities of each role in a way that secures health and safety.

For further information, visit the HSE web page http://www.hse.gov.uk/construction/cdm/2015/index.htm or contact us on 07896 016380 or at Fiona@eljay.co.uk, and we’ll be more than happy to help.

Upper Limb Disorders (ULDs) – assessment of repetitive tasks of the upper limbs (the ART tool)

The assessment of repetitive tasks (ART) tool is designed to help you risk assess tasks that require repetitive moving of the upper limbs (arms and hands). It helps you assess some of the common risk factors in repetitive work that contribute to the development of upper limb disorders (ULDs).

It is aimed at those responsible for designing, assessing, managing and inspecting repetitive work. It can help identify those tasks that involve significant risks and where to focus risk-reduction measures. It will be useful to employers, safety representatives, health and safety practitioners, consultants and ergonomists.

It includes an assessment guide, a flow chart, a task description form and a score sheet. Further information on ART, including online training on how to use the tool is also available (click on the link): http://www.hse.gov.uk/msd/uld/art/index.htm

Free guidance for employers can be downloaded by clicking on the link: http://www.hse.gov.uk/pubns/indg438.pdf or contact us on 07896 016380 or at Fiona@eljay.co.uk, and we’ll be more than happy to help.

PPE – are turban-wearing Sikhs exempt from the need to wear head protection in the workplace?

Yes. Sections 11 and 12 of the Employment Act 1989 (http://www.legislation.gov.uk/ukpga/1989/38/section/11) as amended by Section 6 of the Deregulation Act 2015 (http://www.legislation.gov.uk/ukpga/2015/20/section/6/enacted) exempts turban-wearing Sikhs from any legal requirement to wear head protection at a workplace. A workplace is defined broadly and means any place where work is undertaken including any private dwelling, vehicle, aircraft, installation or moveable structure (including construction sites).

There is a limited exception for particularly dangerous and hazardous tasks performed by individuals working in occupations which involve providing an urgent response to an emergency where a risk assessment has identified that head protection is essential for the protection of the individual eg such as a fire fighter entering a burning building, dealing with hazardous materials.

The exemption applies only to head protection and Sikhs are required to wear all other necessary personal protective equipment required under the Personal Protective Equipment Regulations 1992. The exemption does not differentiate between employees and other turban-wearing Sikhs that may be in the workplace, eg visitors. However, it applies solely to members of the Sikh religion and only those Sikhs that wear a turban.

Employers are still required to take all necessary actions to avoid injury from falling objects by putting in place such safe systems of work, control measures and engineering solutions eg restricting access to areas where this may be an issue. Where a turban-wearing Sikh chooses not to wear the head protection provided, the exemption includes a limitation on the liability of the duty-holder should an incident occur.

For general guidance on Personal Protective Equipment (PPE), visit the HSE web page http://www.hse.gov.uk/toolbox/ppe.htm or contact us on 07896 016380 or at Fiona@eljay.co.uk, and we’ll be more than happy to help.

Contains public sector information published by the Health and Safety Executive and licensed under the Open Government Licence